N.H. Code Admin. R. Env-Wq 305.03

Current through Register No. 25, June 20, 2024

Section Env-Wq 305.03 - Definitions

As used herein the following terms shall have the following meanings:

(a) "Department" means the New Hampshire department of environmental services.

(b) "Domestic septage" means either liquid or solid material removed from a septic tank, cesspool, or similar containment area that receives only domestic sewage.

(c) "Domestic sewage" means sewage comprised of waste and wastewater from household or commercial operations, that:

(1) Contains no industrial waste; and

(2) Is discharged to or otherwise enters a treatment works.

(d) "Fume toxicity screening level" means that concentration of a pollutant in water that, under equilibrium conditions, a confined environment, and a standard temperature, would cause the concentration of the pollutant in the air over that water to exceed the exposure limit.

(e) "Headworks" means that portion of a wastewater treatment plant (WWTP) that first receives the total influent flow for initial treatment.

(f) "Headworks loading limit" means the maximum allowable quantity of pollutants at the headworks of a WWTP when the following constraints are considered:

(1) Water quality standards for the receiving water;

(2) Discharge permit limits;

(3) Inhibition of biological treatment processes;

(4) Sludge criteria;

(5) Corrosive destruction of the WWTP;

(6) Air quality limitations; and

(7) Worker safety.

(g) "Indirect discharge" means the introduction of pollutants into a POTW from any non-domestic sources.

(h) "Indirect discharger" means a facility that discharges waste, as defined in RSA 485-A:2, XVI, alone or in combination with domestic sewage to a POTW.

(i) "Industrial waste" means "industrial waste" as defined in RSA 485-A:2, VI, reprinted in Appendix B.

(j) "Interference" means an indirect discharge that, alone or in conjunction with indirect discharge(s) from other sources:

(1) Inhibits or disrupts the POTW's treatment processes or operations, or its processing, use, or disposal of sludge in compliance with applicable statutes and rules;

(2) Is a cause of a violation of any requirements of the POTW's federal or state discharge permit; or

(3) Prevents sewage sludge use or disposal in compliance with the following statutory provisions and rules or permits issued thereunder:

a. Env-Sw 100 et seq. relative to solid waste management;

b. Env-A 100 et seq. relative to air pollution control;

c. The General Pretreatment Regulations For Existing and New Sources of Pollution, 40 CFR 403;

d. The Federal Toxic Substances Control Act, 15 U.S.C. ch. 53;

e. The Federal Marine Protection, Research and Sanctuaries Act, 33 U.S.C. §§ 1401-1445 and 16 U.S.C. §§ 1431-1445; and

f. Env-Wq 800 and 40 CFR Part 503 relative to use or disposal of sewage sludge.

(k) "Local limit" means a pollutant quantity specified in a municipal sewer ordinance that numerically limits the amount of a specified pollutant that can be discharged to the POTW by an indirect discharger.

(l) "Medical/infectious waste" means "medical/infectious waste" as defined in RSA 125-N:2, VIII, reprinted in Appendix B.

(m) "Municipal sewer use ordinance" means that set of ordinances, bylaws, or regulations duly adopted by the governing body of the municipality relating to the POTW and all appurtenant structures, including any pretreatment facilities as are required for the proper maintenance and operation of the foregoing enumerated facilities.

(n) "Municipality" means, for the purposes of these rules, any state, county, city, town, district, governmental subdivision of the state, or any other public entity, other than federal agencies, responsible for the operation and maintenance of the treatment works.

(o) "Other wastes" means "other wastes" as defined in RSA 485-A:2, VIII, reprinted in Appendix B.

(p) "Pass through" means a discharge to a POTW in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's federal or state discharge permit, or both.

(q) "Person" means "person" as defined in RSA 485-A:2, IX, reprinted in Appendix B.

(r) "Pharmaceutical waste" means a prescription drug, as defined in RSA 318:1, XVII, or a nonprescription or proprietary medicine, as defined in RSA 318:1, XVIII, that is no longer suitable for its intended purpose or is otherwise being discarded.

(s) "Pretreatment" means the application of physical, chemical, or biological processes, either singly or in combination, to reduce the amount of pollutants in or alter the nature of the pollutant property in a waste prior to discharge into a POTW.

(t) "Publicly owned treatment works (POTW)" means a treatment works that is owned by a municipality.

(u) "Radiological waste" means radioactive waste as regulated by RSA 125-F.

(v) "Sewage" means "sewage" as defined in RSA 485-A:2, X, reprinted in Appendix B.

(w) "Significant indirect discharger" means an indirect discharger that meets one or more of the following criteria:

(1) Is subject to national categorical pretreatment standards under 40 CFR 403.6;

(2) Discharges an average of 10,000 gallons per day or more of process wastewater;

(3) Discharges a process wastewater that contributes 5 percent or more of the hydraulic or organic loading to the wastewater treatment plant;

(4) Discharges medical/infectious waste, pharmaceutical waste, or radiological waste if such a discharge has been designated by the municipality as having a reasonable potential for adversely affecting the POTW's operation or performance or for violating any pretreatment standard or requirement; or

(5) Is designated as such by the municipality as having a reasonable potential for adversely affecting the POTW's operation or performance or for violating any pretreatment standard or requirement.

(x) "Sludge" means "sludge" as defined in RSA 485-A:2, XI-a, reprinted in Appendix B.

(y) "Sludge toxicity" means the degree to which a sludge has a toxic effect on living organisms.

(z) "Surface waters of the state" means "surface waters of the state" as defined in RSA 485-A:2, XIV, reprinted in Appendix B.

(aa) "Treatment works" means any device or system used in the collection, storage, treatment, recycling, or reclamation of sewage or industrial waste and includes all collection sewers, interceptor sewers, pumping stations, treatment and appurtenant facilities essential to the operation of an entire system.

(ab) "Upset" means "upset" as defined in RSA 485-A:2, XVIII, reprinted in Appendix B.

(ac) "Waste" means "waste" as defined in RSA 485-A:2, XVI, reprinted in Appendix B.

(ad) "Wastewater treatment plant (WWTP)" means "wastewater treatment plant" as defined in RSA 485-A:2, XVI-a, reprinted in Appendix B.

(ae) "Winnipesaukee River Basin Program (WRBP)" means the wastewater collection system and treatment facilities established and operated under RSA 485-A:45-54.

N.H. Code Admin. R. Env-Wq 305.03

(See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

Amended by Volume XLI Number 32, Filed August 12, 2021, Proposed by #13241, Effective 7/24/2021, Expires 7/24/2031